Ridah Bin Saleh Al Yazidi
| place_of_birth = Unfidel, Tunisia | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 38 | group = | alias = | charge = | penalty = | status = classified as an enemy combatant by the United States and currently confined in the Guantanamo camps | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Ridah Bin Saleh Al Yazidi is a citizen of Tunisia currently held in the United States Guantanamo Bay detainment camps, in Cuba. The Department of Defense reports that he was born on January 24, 1965, in Unfidel, Tunisia and assigned him the Internment Serial Number 38. As of October 13, 2010, Ridah Bin Saleh al Yazidi has been held at Guantanamo for eight years nine months.The Guantanamo Dockets - CSRT Combatant Status Review Tribunal s were held in a 3x5 trailer where the captive sat with his hands and feet shackled to a bolt in the floor.Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirrorInside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Ridah Bin Saleh Al Yazidi's Combatant Status Review Tribunal on September 30, 2004. The memo listed the following allegations: Administrative Review Board hearing | pages=1 | author=Spc Timothy Book | date= March 10, 2006 | accessdate=2007-10-10 }}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board heading A Summary of Evidence memo was prepared for Ridah Bin Saleh Al Yazidi's first annual Administrative Review Board hearing on 4 May 2005. | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Yazidi, Ridah Bin Saleh (published March 2006) | pages=pages 51–53 | publisher=United States Department of Defense | author=OARDEC | date=4 May 2005 | accessdate=2008-09-26 | quote= }} Page three of the four page memo was missing both times this memo was published. The remaining three pages memo listed seventeen "primary factors favoring continued detention" and two "primary factors favor release or transfer". Second annual Administrative Review Board heading A Summary of Evidence memo was prepared for Rida Al Yazidi's second annual Administrative Review Board hearing on 10 August 2006. The three page memo listed twenty-two "primary factors favoring continued detention" and one "primary factors favor release or transfer". Habeas corpus petitions Al Yazidi's original habeas corpus petition was amalgamated with David Hicks's -- Civil Action No. 02-cv-0299. mirror 179 captives who had habeas petitions files on their behalf had a dossier of unclassified documents from their Combatant Status Review Tribunals published. But Al Yazidi's documents were withheld. The Bush administration has not offered an explanation as to why his documents were withheld. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. Habeas reinstated Al Yazidi's counsel have submitted requests to re-instate his habeas petition. On July 7, 2008 Brent N. Rushforth filed a "PETITIONER’S UNOPPOSED MOTION TO ENTER PROTECTIVE ORDER"' on behalf of Ridah Bin Saleh Al Yazidi. mirror mirror References External links *Who Are the Remaining Prisoners in Guantánamo? Part One: The “Dirty Thirty” Andy Worthington, September 15, 2010 Category:Tunisian extrajudicial prisoners of the United States Category:People held at the Guantanamo Bay detention camp Category:Living people Category:1965 births